New South Wales Consolidated Acts

SUCCESSION ACT 2006 - SECT 18

18 Court may authorise a will to be made, altered or revoked for a person without testamentary capacity

(1) The Court may, on application by any person, make an order authorising--

(a) a will to be made or altered, in specific terms approved by the Court, on behalf of a person who lacks testamentary capacity, or

(b) a will or part of a will to be revoked on behalf of a person who lacks testamentary capacity.

Note : A person may only make an application for an order if the person has obtained the leave of the Court--see section 19.

(2) An order under this section may authorise--

(a) the making or alteration of a will that deals with the whole or part of the property of the person who lacks testamentary capacity, or

(b) the alteration of part only of the will of the person.

(3) The Court is not to make an order under this section unless the person in respect of whom the application is made is alive when the order is made.

(4) The Court may make an order under this section on behalf of a person who is a minor and who lacks testamentary capacity.

(5) In making an order, the Court may give any necessary related orders or directions.

Note : The power of the Court to make orders includes a power to make orders on such terms and conditions as the Court thinks fit--see section 86 of the Civil Procedure Act 2005 . The Court also has extensive powers to make directions under sections 61 and 62 of that Act.

(6) A will that is authorised to be made or altered by an order under this section must be deposited with the Registrar under Part 2.5.

(7) A failure to comply with subsection (6) does not affect the validity of the will.